Mohd. Aamin @ Mohammad Amin vs The State Of Jharkhand
2024 Latest Caselaw 10111 Jhar

Jharkhand High Court

Mohd. Aamin @ Mohammad Amin vs The State Of Jharkhand on 22 October, 2024

Author: Rajesh Kumar

Bench: Rajesh Kumar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      Criminal Revision No.1123 of 2024
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Mohd. Aamin @ Mohammad Amin, aged about 32 years, S/o Mohd. Gafur @ Abdul Gafur, Resident of Village - Kandsar (Nawada), P.O.-Katkamsandi (Bahimar), P.S.- Katkamsandi, District-Hazaribag, State - Jharkhand.

                                                 ....    ....     Petitioner(s)
                                   Versus
1. The State of Jharkhand.

2. Naziya Perveen, aged about 23 years, w/o Mohd. Aamin @ Mohammad Amin, D/o - Mohd. Zahur,

3. Nazzat Aamin, aged about 3 years, D/o Mohd. Aamin @ Mohammad Amin Both are R/o at present Village-Mandai Kalan, Ward No.-1, P.O.-Reformatory School, P.S.-Lohsinghna, District-Hazaribag, State - Jharkhand.

                                                 ....    ....     Opposite Party(s)
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          CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner(s)                     : Mr. Ashok Kr. Singh, Adv.
For the State                             : Mr. Pankaj Kr. Mishra, A.P.P.
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02/Dated: 22nd October, 2024

1. The present criminal revision application has been filed against the judgment dated 10.11.2023 passed by the learned Principal Judge, Family Court, Hazaribag, in Original Maintenance Case No.163 of 2023 whereby the said court has allowed the petition filed under Section 125 of the Cr.P.C. preferred by the Opposite Party Nos.2 & 3 and directed the petitioner to pay maintenance allowance of Rs.3,000/- per month to his wife and Rs.2,000/- per month to his minor daughter (till her majority or marriage).

2. Learned counsel for the revisionist has taken plea that it is an ex-parte order as he has not been given opportunity in the said case. The revisionist wants to avail the opportunity on the point of quantum of income. Further, he is a daily wage labourer having a meagre amount of income and he is not in a position to pay such a huge amount as maintenance. Further, it is stated that he has to maintain also his old aged mother.

3. Having heard the learned counsel for the parties and from perusal of the records, it appears that other factors are not in dispute. The point has not been taken that his earning capacity is very low. The family court has taken into consideration the factual matrix and accordingly meagre amount of Rs.3,000/- to the wife and Rs.2000/- per month to the daughter as maintenance has been granted.

4. Considering the quantum of maintenance granted and the plea taken by this petitioner before this Court, I am not inclined to entertain the present criminal revision, accordingly, the same is hereby dismissed.

5. In view of above order, there is no requirement of passing any order, so far as the Interlocutory Application being I.A. No.9648 of 2024 filed for condonation of delay of 209 days in preferring the present criminal revision application is concerned. Accordingly, the present interlocutory application stands disposed of.

(Rajesh Kumar, J.) Amar/-

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